Gray v. Flanagan

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 20, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JAMES MICHAEL GRAY, § § Petitioner, § V. § CIVIL ACTION NO. 2:24-CV-0003 1 § PATRICK FLANAGAN, et al., § § Respondents. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 22). The M&R recommends that the Court dismiss the petition without prejudice for failure to exhaust. /d. at 2. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed.'! When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the parties’ filings, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 22). Accordingly, the Court ORDERS that this petition be DISMISSED without prejudice for failure to exhaust. (D.E/ 1). SO ORDERED.

D 7 RALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas October 26**2024

' On September 9, 2024, the Court received Petitioner’s certified mail receipt for the D.E. 22 M&R. (D.E. 24). No objections have been filed since that time. 1/1